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Rule 14-1105. Selection of the arbitration panel; additional claims.

 

(a)  Designationof panel composition. When the Committee has the agreement to arbitrate signed by all parties, and thepetition and the answer, the chair or his designee must designate from the Committee three persons to serve as apanel for the arbitration. Eachpanel must consist of (i) one lawyer licensed to practice law in Utah; (ii) one current or retired state or federal judge,domestic relations commissioner, or senior judge;and (iii) one non-lawyer. The chair or his designee, by written notice served personally or by mail to all parties tothe arbitration, must inform the parties of the names of the designated panel members. The chair must designatethe lawyer or the judge in each panelas the chair of the panel. The chair or his designee may request the panel chairto designate the non-lawyer member of the panel.

(b)  Less than$10,000 in controversy. Notwithstanding the provisions contained in paragraph (a), the chair or his designeemust designate from the Committee an arbitrationpanel consisting of one lawyer in those arbitration proceedings in which the amount in controversy is less than$10,000. However, when the amount in controversy is less than $10,000 but more than $7,500 the chair or designeemust advise the petitioner that he orshe may choose and receive a three member panel as set forth in paragraph(a).

(c)  Assigning file. When the composition of the panelhas been determined, the chair mustassign the file to the member(s) of the arbitration panel.

(d)  New claims.If new claims not set forth in the petition are raised by a respondent?s answer or by other documents in thearbitration, the petitioner?s consent is not required for the panel toconsider the new claims.

(e)  Conflict ofinterest. As soon as practical, an arbitrator shall notify the Committee of any conflict of interest with a party tothe arbitration as defined by the Utah Rules of Professional Conduct. Upon notification of the conflict, theCommittee must appoint a replacement from the list ofapproved arbitrators.


Effective May 1, 2021